1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply our goods and/or services to you.
1.2. Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are La Galerie Design Limited, a company registered in England and Wales. Our company registration number is 09803805 and our registered office is at Sovereign House, 12 Warwick Street, Coventry, United Kingdom, CV5 6ET. Our registered VAT number is 226-1788-00.
2.2. How to contact us. You can contact us by telephoning our customer service team at 01926 257447 or by writing to us at firstname.lastname@example.org or 15 St John’s, Warwick, Warwickshire CV34 4NE.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How you place an order with us.
3.1.1. When contacting us you can ask us to provide you with a quotation for any of the goods and services we offer. You will need to provide us with:
(a) all information we reasonably request from you, including specifications, measurements, plans and layouts; and
(b) where we request it, access to the premises where you intend to install the goods, in order for us to take any measurements, carry out any surveys and otherwise provide the services.
3.1.2. Following receipt of your request for goods and services and all other necessary information from you, we will either:
(a) provide you with a quotation which will be valid for 30 days from the date of issue; or
(b) inform you that we cannot comply with your request. If we are unable to comply with your request, we will inform you of this and will not charge you for any goods and/or services. This might, for example, be because goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods and/or services or because we are unable to meet a delivery deadline you have specified.
3.1.3. If you are happy with our quotation then you may place an order with us by paying any deposit that we require you to pay (as specified in our quotation) and confirming to us that you wish to place an order with us by either:
(a) visiting us in person at our showroom at 15 St John’s, Warwick, Warwickshire CV34 4NE;
(b) emailing us at email@example.com;
(c) speaking to us over the phone on 01926 257447; or
(d) signing and returning a copy of our quotation,
subject always to the terms of our quotation and these terms.
3.2. How we will accept your order. Our acceptance of your order will take place when we write to you to confirm that we have received your signed quotation, at which point a contract will come into existence between you and us.
3.3. Your order number. We will assign a quotation number to your order and this will be included in our quotation. It will help us if you can tell us the quotation number whenever you contact us about your order.
3.4. We only sell to the UK. Our website is solely for the promotion of our goods and services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR GOODS
4.1. Goods may vary from their pictures. The images of the goods on our website and in our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2. Packaging may vary. The packaging of the goods may vary from that shown in images on our website or in our brochures.
4.3. Making sure your measurements are accurate. If we are making goods and/or delivering services to measurements, plans, specifications, choices and/or details you have given us, you are responsible for ensuring that these are correct. In such circumstances, all elements of such goods and/or services (including but not limited to sizes, weights, capacities, dimensions and other measurements) will be subject to certain degrees of tolerance, whether measurements are given by you or taken by us.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods and/or services you have ordered please contact us. We will let you know if the change is possible. If such change is possible, we will let you know about any changes to the price of the goods and/or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the goods and/or services. We may change the goods and/or services:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to implement minor technical adjustments and improvements. These changes will not affect your use of the goods and/or services.
6.2. More significant changes to the goods, services and/or these terms. In the event that we make more significant changes to these terms, the goods and/or services which detrimentally affect the contract between you and us, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods and/or services paid for but not received.
7. PROVIDING THE GOODS AND/OR SERVICES
7.1. Delivery costs. The costs of delivery will be as displayed to you in our quotation. Please note that we will only deliver goods to addresses in the UK mainland.
7.2. When we will provide the goods and perform the services.
7.2.1. Our quotation will set out an estimated delivery date on which we will use reasonable endeavours to deliver the goods to you.
7.2.2. Our supplier will confirm your delivery date to you before your goods are due to be delivered and will deliver the goods to you directly on our behalf. Please note that our supplier will deliver the goods to the kerb side of your property only and you may be required to assist our supplier in unloading the goods. It is your responsibility to provide a suitable and secure location which is sheltered from the elements (and access to the same) in which to store the goods until our subcontractor or a third party appointed by you attends your property to install the goods.
7.2.3. We will already have begun to supply the services to you by the date we accept your order.
7.3. We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
7.4. If you are not at home when the goods are delivered. It is your responsibility to be at your property to take delivery of and sign for the goods. We recommend that you inspect the goods upon delivery for any defects in the goods. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery and we will charge you for storage costs in respect of the goods and any further delivery costs.
7.5. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 11.2 will apply.
7.6. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services in accordance with clause 3.1.1(b) (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 11.2 will apply.
7.7. Your legal rights if we deliver goods/perform services late. You have legal rights if we deliver any goods or perform any services late. If we miss the deadline for the delivery of any goods or performance of any services where:
7.7.1 we have refused to deliver the goods and/or perform the services; or
7.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances),
then you may treat the contract as at an end straight away.
7.8. Setting a new deadline for delivery/performance. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, we will work with you to agree a new reasonable deadline for delivery/performance, and you can treat the contract as at an end if we do not meet the new deadline.
7.9. Ending the contract for late delivery/performance. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the contact details in clause 2.2 for a return label or to arrange collection.
7.10. When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods at the kerb side of the address you gave us. Please note that we are not required to deliver the goods within your property.
7.11. When you own goods. You own the goods once we have received payment in full.
7.12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, measurements of the parts of your property where you are going to install the goods. We will contact you to ask for this information in accordance with clause 3.1.1. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 11.2) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the good late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13. Reasons we may suspend the supply of goods to you. We may suspend the supply of goods where you do not pay us for the goods when you are supposed to (see clause 13.6) and you still do not make payment within fourteen days of us reminding you that payment is due.
8.1. We are only required to deliver the goods to your property. We do not carry out any installation of the goods nor do we deliver the goods inside your property (installation services) unless you engage our approved contractor to attend your property, in which case we shall remain responsible for the acts and omission of our approved contractor as if they were our own acts and omissions, subject at all times to these conditions.
8.2. It is your responsibility to either:
8.2.1. engage our approved contractor to attend your property and perform installation services; or
8.2.2. perform the installation services yourself; or
8.2.3. engage a third party to attend your property and perform installation services.
8.3. Where you perform the installation services yourself or engage a third party (other than our approved contractor) to attend your property and perform installation services:
8.3.1. it is your responsibility to:
(a) ensure the third party you appoint is adequately skilled and qualified to perform the installation services; and
(b) consult a professional before working with electricity, gas or water.
8.3.2. the terms on which such installation services shall be provided shall be as agreed between you and such third party. For the avoidance of doubt:
(a) these terms shall not apply to the provision of any installation services;
(b) we shall not be a party to that contract between you and any third party for such installation services; and
(c) we are not in any way liable for the installation services they provide.
8.4. Regardless of who provides installation services in respect of the goods:
8.4.1. we cannot advise on any planning permission or building regulation issues; or
8.4.2. ensure the goods you have purchased from us are compatible with the electricity and water systems at your property as well as any other fittings you have procured from a third party.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. Your rights when you end the contract will depend on:
9.1.1. the type of goods you have bought;
9.1.2. whether there is anything wrong with the goods;
9.1.3. how we are performing our obligations under the contract; and
9.1.4. when you decide to end the contract.
9.2. If you are ending a contract for a reason set out at clauses 9.2.1 to 9.2.3 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1. we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 6.2);
9.2.2. we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
9.2.3. you have a legal right to end the contract because we are in breach of these terms.
9.3. In respect of bespoke, special order or made-to-measure goods, you may contact us to end your contract for the purchase of such goods at any time before we have delivered the goods, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where goods are faulty or mis-described in clause 12.
9.4. In respect of any standard/non-bespoke goods we provide to you, you have a legal right to change your mind and cancel your contract for the purchase of such goods for 14 days after the day you (or someone you nominate) receives the goods and receive a refund.
9.5. In respect of most consumer services, you have a legal right to change your mind for 14 days after the day we confirm that we have accepted your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
9.6.1. If you want to end a contract before we have delivered the goods where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and:
(a) where you cancel a contract for the delivery of any goods within a period of 14 days after the day on which you pay your deposit, we will refund you a pro rata proportion of the deposit in respect of such goods;
(b) where you cancel a contract for the delivery of bespoke, special order or made-to-measure goods outside of the 14 day period referred to in clause 9.6.1(a), you will not be entitled to any refund of your deposit or any other sum paid in respect of such goods;
(c) where you cancel a contract for the delivery of standard/non-bespoke goods, we will refund any sums paid by you for goods not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) a cancellation fee of 40% of the price of such goods.
10. HOW TO END THE CONTRACT WITH US
10.1 Tell us you want to end the contract. To end the contract with us, please let us know:
10.1.1. by using the contact details in clause 2.2; or
10.1.2. by completing and returning the form at the end of these terms.
10.2. Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must allow us to collect the goods from you. Please contact us using the contact details in clause 2.2 for a return label or to arrange collection. If you are exercising your right to change your mind you must make the goods available for collection within 14 days of telling us you wish to end the contract.
10.3. When we will pay the costs of return/collection. We will pay the costs of return/collection:
10.3.1. if the goods are faulty or misdescribed; or
10.3.2. if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return/collection.
10.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
10.5. How we will refund you. Where you are entitled to a refund, we will refund you the price you paid for the goods and services including delivery costs, by the method you used for payment. However, we may make deductions from the price if you are exercising your right to change your mind, as described below.
10.5.1. we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by:
(a) fair wear and tear; or
(b) your negligence or the negligence of a third party;
(c) your use, alteration or attempt to repair the goods other than in accordance with our recommendations or instructions;
(d) your use of the goods after you have notified us that they are defective;
(e) your handling them in a way which would not be permitted in a shop, including but not limited to:
(i) willful damage and/or causing marks or blemishes to the goods;
(ii) trying to install the goods without the use of an appropriately skilled third party;
(iii) bending, cutting or otherwise breaking up the goods;
(iv) not storing the goods in accordance with our or the manufacturer’s instructions;
(v) handling the goods in any other way which would not be permitted in a shop.
We will not provide you with a refund until we are able to inspect the goods.
10.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10.5.3. Where we have provided services, we may deduct from any refund an amount for the supply of the services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind
11. OUR RIGHTS TO END THE CONTRACT
11.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
11.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods and/or perform the services, for example, the measurements of the property where the goods are to be installed and/or (where the goods are made-to-measure) the measurements you require for the goods;
11.1.3. you do not, within a reasonable time, allow us to deliver the goods and/or services to you; or
11.1.4. you do not, within a reasonable time, allow us access to your premises to supply the services.
11.2. You must compensate us if you breach these terms. If we end the contract in the situations set out in clause 11.1, we will not refund any money you have paid in advance for goods.
11.3. We may withdraw any of the goods displayed in our store and/or on our website. We may write to you to let you know that we are going to stop providing any of the goods. We will let you know as soon as possible in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
12. IF THERE IS A PROBLEM WITH THE GOODS
12.1. How to tell us about problems. If you have any questions or complaints about the goods, please contact us using the contact details in clause 2.2.
12.2. Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In respect of goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example design and consultancy services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12.3. Manufacturer’s warranty/guarantee. Some of the goods we sell to you may also come with a manufacturer’s warranty/guarantee. We shall use reasonable endeavours to transfer to you the benefit of any warranty/guarantee given to us by the manufacturer of the goods.
12.4. Your obligation to make rejected goods available for collection. If you wish to exercise your legal rights to reject goods you must allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the contact details at clause 2.2 for a return label or to arrange collection.
13. PRICE AND PAYMENT
13.1. Where to find the price for the goods and services. The price of the goods and services will be the price indicated on our quotation to you. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the goods and services you order.
13.2. We will pass on changes in the rate of VAT. The price of the goods and/or services will include VAT at the prevailing rate, subject always to any exemptions which you draw to our attention and which we (acting reasonably and in good faith) are satisfied apply to your purchase. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect.
13.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods and/or services we supply may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4. When you must pay and how you must pay. We accept payment via BACS or with all major credit and debit cards. You must pay the price in accordance with payment terms specified in our quotation.
13.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2;and for defective products under the Consumer Protection Act 1987
14.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for:
14.3.1. the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services; or
14.3.2. any loss or damage to your property which is caused as a result of or in connection with a third party providing installation services at your property.
14.4. We are not liable for business losses. We only supply our goods and services for domestic and private use. If you use the goods and/or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
16.2. You need our consent to transfer your rights to someone else. Youmay only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Furniture & Home Improvement Ombudsman via their website at http://www.furnitureombudsman.org.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To La Galerie Design Limited, Sovereign House, 12 Warwick Street, Coventry, United Kingdom, CV5 6ET / firstname.lastname@example.org
[I / We] hereby give notice that [I / we] cancel [my / our] contract of supply of the following goods and/or services:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
© Crown copyright 2013.